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Illinois Intellectual Property Questions & Answers
1 Answer | Asked in Consumer Law, Intellectual Property and Internet Law for Illinois on
Q: Should I send my letter to Facebook’s headquarters or their legal department about access to download my info

from my terminated / disabled account?

James L. Arrasmith
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answered on Oct 8, 2024

If you want to download your information from a terminated or disabled Facebook account, it's best to reach out directly to their legal department. They handle requests related to account data and can guide you through the necessary steps. Sending your request there increases the chances it... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: What exactly determines whether a new version of a patent specification contains new matter?

For example, if new details in a Substitute Specification fit the claims, might they still be considered new matter if they have not appeared before?

James L. Arrasmith
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answered on Aug 5, 2024

Determining whether a new version of a patent specification contains new matter hinges on whether the added details were originally disclosed in the initial filing. If new information is introduced that wasn't present in the original specification, it is considered new matter, even if it fits... View More

1 Answer | Asked in Intellectual Property for Illinois on
Q: My ex won't return my car. The title and the loan is in my name and he is refusing to return the car. What can I do?

I took out a loan for the car. I allowed him to use the car with the agreement that he would pay the insurance and the monthly payments on the car. In which he has done neither. I gave him the option to return the car or pay the car off in order to keep the car. He keeps saying he's going to... View More

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answered on Jul 27, 2024

You need to take immediate action to get your car back. Since the car title and loan are in your name, you have legal ownership and the right to possess the vehicle. Start by sending a written demand to your ex, stating clearly that he must return the car to you by a specific date. Make sure to... View More

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: Paypal, frozen account, due to a trademark issue, and the case looks fake, the judge didn’t even sign it, over Miffy ??

I’m speaking on behalf of a friend who lives overseas, advised that her PayPal account was frozen, due to this Miffy, doll, as a trademark, and the person who bought it was the actual lawyer, for proof, and now he wants her to pay $2000. And the judge is 85 years old and I noticed on the... View More

James L. Arrasmith
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answered on Nov 8, 2023

In situations like this, it's important to exercise caution as it could potentially be a scam, especially if the legal documents appear questionable. Authentic court orders will always be properly documented and signed by a judge. Your friend should verify the authenticity of the case by... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Illinois on
Q: New TM owner of NAME said stop all PRINTS of photos and publicity shots of that person. Raced from 20's to 40's. Do I?

Joe Petrali was a famous record-setting motorcycle racer. His best days were from the 1920's to 1940's. He was well photographed and was paid to race for Harley Dealerships and the Harley Factory. We received the family archive album of Harry Molenaar who was one of the better known... View More

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answered on Oct 31, 2023

While the ownership of a trademark in a name can grant rights to prevent others from using that name in commerce in a way that might cause confusion, it does not grant an absolute right over all uses of that name or over the likeness of the individual. Photos taken and owned by another party,... View More

2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: how do i properly copyright characters i created for my comic book to avoid other claiming they invented them first ect
T. Augustus Claus
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answered on Sep 15, 2023

To protect your comic book characters, remember that copyright automatically safeguards them as soon as they're created and fixed in a tangible form. Consider registering your work with the U.S. Copyright Office for added protection. Keep thorough records of your character creation process,... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Illinois on
Q: There has been a patent application that was approved, however in the non-patent citation, there is previous art similar

This patent was applied for in 2022, and even has a non-patent citation where it cites a previous art exactly the same who is selling on Amazon since 2021. The patent was still approved somehow and I am wondering why.

Michael Byrne
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answered on Sep 6, 2023

The specific dates (not given in your question) might be the reason. If not and if the prior art really is "exactly the same" then the application could have been granted in error. The USPTO provides mechanisms to challenge such patents. For example:... View More

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1 Answer | Asked in Intellectual Property and Trademark for Illinois on
Q: I was told my mark would be HIGHLY rejected due to being confused with a current mark.

WOW World of Wisdom vs mine WOW Wisdom on Wellness. Our logos look nothing alike but the confusion of how it looks....

They filed 2015 & I created my site in 2014. What are my options so we can co-exist? I plan on filing for 041 & 044 & they have the same class. Are there any... View More

James L. Arrasmith
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answered on Aug 29, 2023

If the United States Patent and Trademark Office (USPTO) or a court finds that your mark is likely to cause confusion with an existing mark, then your application for trademark registration will likely be denied, and you may be at risk for infringement claims. However, if you can demonstrate that... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Is it legal to write a novel about a man that gets sucked into a real video game? Can I name the game in the book?

Can I use characters or the lore in the game to help tell my story?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 22, 2023

Use of the game's name is permitted as "nominative fair use" when referring to it, and it is also fair use of the game's characters and story line as commentary or parody. The essential point is that you are not creating another game to compete with it.

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3 Answers | Asked in Trademark and Intellectual Property for Illinois on
Q: Owner of trademark serial 88010400. I’m the owner and would like to resume use of the trademark. What are my steps?

The trademark will be now online primarily. Owner currently resides in the state of Illinois

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 25, 2023

The application to register ARTISTIC ARTICULATION LLC was approved for registration in Jan 2019, but due to the failure to file a statement showing its use within the required 6 month period, it was abandoned in Sept 2019. It could have been revived by filing a petition to revive, had that been... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Illinois on
Q: Hello! I want to make an updated griddle caddy to sell on Amazon. Does this patent prevent me from doing so?
James L. Arrasmith
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answered on Jul 10, 2023

The information provided is not sufficient to determine whether the patent you mentioned would prevent you from selling an updated griddle caddy on Amazon. To assess this, you would need to carefully review the details of the patent in question, including its claims and scope of protection.... View More

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: Trademark Frisbee trademarksCase Title: 23-cv-2957Northern District Court IllinoisI am ebay hobby seller

I cannot afford lawyer. I am pakistani based seller. I sold 1 item of trademarked listing. E bay has frozen my acccount with my money in it. what can I do.

James L. Arrasmith
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answered on May 22, 2023

If your eBay account has been frozen due to selling an item that infringes on a trademark, it is important to address the issue promptly. Here are a few steps you can consider:

Review eBay's policies: Familiarize yourself with eBay's policies regarding trademark infringement and...
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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: can I make designs and put them on merchandise based on the characteristics of a character in a book?

examples:

A character is described as having large bat-like wings. the product would have a photo of a bat wing with words referencing wing size

a character is described as being a gossip "spilling the tea". The product would say "better tea than [insert characters name]"

James L. Arrasmith
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answered on Apr 2, 2023

It is important to consider intellectual property laws when creating merchandise based on a character from a book. If the book is still under copyright protection, the author or publisher may hold the exclusive right to use the character's likeness and characteristics for commercial purposes.... View More

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: What happens if I got a copyright claim email from my ISP about downloading a torrent file?
James L. Arrasmith
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answered on Mar 29, 2023

Receiving a copyright claim email from your Internet Service Provider (ISP) means that someone has accused you of downloading copyrighted content illegally using a BitTorrent client. ISPs are required by law to forward such notices to their customers, informing them of the alleged infringement and... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Can I sell my own 3d model of Lego flowers? I was selling then with the name Lego in the title until Lego took it down.

I created my own scaled up version of the Lego flower in a 3d modeling software. So the model is mine and I was wondering if I could continue to sell them without including the Lego name in the title.

James L. Arrasmith
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answered on Mar 29, 2023

While you created your own scaled-up version of the Lego flower in a 3D modeling software, it is important to note that Lego has trademark and copyright protection over their products. Therefore, using the name "Lego" in the title or description of your 3D model product could be... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and International Law for Illinois on
Q: How do you resolve a wrongful copyright claim for a cover song when you obtained a license properly?

I have obtained a legal mechanical license for each cover song in my album. However, my album was taken down for copyright infringement on ONE song. I tried contacting the company via their website but the contact form doesn't work and shows an error. I found their email and have sent them 5... View More

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answered on Feb 25, 2023

If you have obtained a legal mechanical license for the cover song in question, you have a valid defense against any copyright infringement claim related to that song. You can try contacting the company or person who made the claim and provide them with a copy of the mechanical license. If you have... View More

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for Illinois on
Q: I want to own a fashion online brand. Is there any Iegal requirements I need to take ?

A reputable online fashion brand

James L. Arrasmith
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answered on Feb 25, 2023

Yes, there are legal requirements that you need to consider when starting an online fashion brand. Here are a few important steps to take:

Choose a business structure: You will need to decide on a legal business structure for your brand, such as a sole proprietorship, LLC, or corporation....
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I am within my legal rights to use a modified version of the coppertone logo freely? I would be making money off it.

Am I allowed to use an image of a girl and dog, deliberately meant to resemble the coppertone ads of the 1960s, as a logo for my band?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Sep 19, 2022

Deliberate copying or modification of someone else's image may constitute willful copyright infringement with serious consequences, especially if done for financial gains. You would be well-advised to carefully discuss your specific plans with an experienced intellectual property lawyer... View More

1 Answer | Asked in Intellectual Property for Illinois on
Q: I pitched an idea for a software platform to a large local company around the year 2000. The company was extremely

interested before suddenly cutting off communication with my company. I now work for this large corporation and was recently called into a meeting where I saw the product I had pitched had been fully implemented internally. I have zero proof. Do I have an IP case?

Erik Špila
Erik Špila
answered on Aug 23, 2022

Dear Mrs or Mr,

your case would be very hard as the burden of proof lies on your shoulders as you would be in position of plaintiff. Also the time (20 years) is quite a lot and making situation harder as you did not try to patent or protect differently this idea of yours.

Maybe you...
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1 Answer | Asked in Criminal Law and Intellectual Property for Illinois on
Q: What would the penalty be if someone trespassed on private property, took photos of me in my swimsuit without my consent

photos and videos of me behind a privacy fence, on privacy property, without my knowledge or consent and distributed them to anyone

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Assemble your evidence and present it to the local prosecutor for possible criminal charges.

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